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Eminent Domain

Wendel Rosen's seasoned eminent domain team has litigated numerous condemnation actions on behalf of both public entities and private land owners, including complex projects involving numerous simultaneous acquisitions. Our eminent domain attorneys have tried cases involving commercial and residential property, regional shopping centers, agricultural land, underground pipelines, and other types of property.

Cities, counties, transportation agencies, regional park and special districts, and other public entities seeking to condemn a property or a business for roads, housing developments, or other public projects face unique and difficult challenges. In addition to their obligation to pay property owners "just compensation," public entities must also plan the project in a way that minimizes damage and disruption to property owners and business owners; conduct a thorough and legally adequate environmental review; compensate business owners for any loss of business goodwill; and comply with federal and state relocation guidelines for displaced commercial and residential tenants.

Property or business owners faced with potential condemnation have their own set of challenges, including, in some cases, the need to relocate their home or business and concern over whether the public entity is offering the owner adequate compensation. If a condemnation lawsuit is initiated, both public entities and property and business owners must find and retain competent and experienced counsel in this highly specialized and complex area of law.

We have expertise in:

  • Real Estate Valuation
  • Business Goodwill Valuation
  • Relocation Benefits
  • Commercial and Residential Tenancies
  • Franchisee/Franchisor Issues
  • Environmental Issues /Impact of Contamination
  • Temporary and Permanent Severance
  • Inverse Condemnation


In advising public entities, we believe in a proactive approach, counseling clients prior to litigation about relocation and notice issues, adequacy of appraisals, prelitigation access, sufficiency of project-related environmental review, and similar issues. Our extensive experience is also a valuable asset to private property owners facing the challenge of losing their property or home to condemnation.

Firm attorneys work extensively with right-of-way professionals, appraisers, and other experts to address issues that arise both before and after litigation is filed. We frequently advise private property owners both prior to and following litigation, counseling owners about their rights, how to obtain a competent appraisal, and evaluating possible severance damages and business losses. When you call Wendel Rosen, you will speak to, and work with, seasoned and responsive litigators with years of experience in this specialized area of law.